Dan Jacklin (Pupil)

Credit Hire

Dan is regularly instructed in credit hire matters for claimants and defendants. In a recent liability contested trial, Dan’s cross-examination of the claimant was described as “meticulous” and his submissions as “clear, concise, and persuasive.”

Dan was recently successful in inviting a district judge to dismiss all three basic hire rates through a forensic analysis of the terms and conditions and the intervention offer for failing to be Copley-compliant to secure an award for a pecunious claimant at the full credit hire rate.

When the Claimant failed to attend court at trial, Dan defeated the strike out application by the Defendant, a further sanction for a failure to serve a trial bundle, and persuaded the judge to adduce a late and defective witness statement to recover repair and hire costs up to the agreed basic hire rate sum.

In response to an application without notice by the Defendant to avoid the contract for non-compliance with the Consumer Credit Act 1974 despite an express term of the agreement claiming the agreement was exempt from the requirements of the Act, Dan successfully established that it was an exempt agreement for fixed sum credit within the meaning of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013.

Dan was successful in defeating a Copley-compliant intervention letter on the basis that the judge found it was reasonable for the Claimant to have trusted his own insurer in accordance with Sayce v TNT UK Ltd [2011] EWCA Civ 1583.